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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Just over two years ago I lent a couple of people I know £5000

Resolved Question:

Just over two years ago I lent a couple of people I know £5000 00 to go on holiday I keept asking when I was goiing to get my money back.and eventualy I took one of them to the county court and I was awarded the sum of £5120 00.the next thing I heard was that he was out of work and he offered to pay £20 00 per month.I informed the court that I would accept the offer because I would be one hundred and three years old if I accepted his offer.but the court had instructed him to pay the £20 00 pounds on or before the 6th of june 2014.to date I have not recieved any payments.I think I made a mistake just taking one of them to court because the holiday was for both of them to go to India for a month.
would it now be possible for me to take his partner to court because he is in a very good job which he has had since he first left school and he is now 44 years old and is one of the top men working for bexleyheath .I look forward to your reply C Gibbins
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know does the person you have a ccj against have any property please?
Customer:

i think that they both have ccj against them

Alex Watts : But do they have property please?
Customer:

I am Sure That they have Two cars one is a BMW HARDTOP CONVERTABLE AND THE OTHER CAR IS A CORSA THE BMW IS ABOUT TWO YERS OLD AND THE CORSA IS ABOUT 18 MONTHS OLD BUT I THINK BOTH CARS ARE IN THE NAME OF MARK LEWINGTON AND IT WAS STUART SHIELDS THAT OFFERED ME THE £20 00 PER MONTH

Alex Watts : Do they own houses or that sort if property? Do they own shares do you know?
Alex Watts : and just so I am clear do you have a ccj against one or both?
Alex Watts : I am just on the train so may be on and offline
Customer:

I think Mr Shields name should be WATER MITTY He tells every one he meets that he is a millionaire and thatb he has 5 cottages that he rents out in Corwall

Alex Watts : But do you know whether he not he owns property?
Customer:

He has informed the court that he is unemployed and has very little money that is why he offered the £20 00 per momth.

Alex Watts : Do you have evidence he owns other property? Have you had an order to obtain information ?
Customer:

But om the 13th of june this year they went to spain for ten days and on the 22nd of August they went to morroco fo twoi weeks

Customer:

and I have been informed by Marks brother who is a very good friend of mine that they are planning another trip at the end of September

Customer:

No I have not had an order to obtain information

Alex Watts : Ok. You need to apply to the court for an order to obtain information.
Alex Watts : This will be served upon the debtor who needs to attend court and declare assets efc.
Alex Watts : The cost is £100 which can be added to the judgment debt
Alex Watts : The form and details are here
Alex Watts : https://www.moneyclaimsuk.co.uk/PDFForms/EX324.pdf
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n316-eng.pdf
Alex Watts : Or of course you can apply that the debtor becomes bankrupt.
Alex Watts : That way the official receiver takes control over all the assets.
Alex Watts : The cost is about £200 plus the receivers deposit.
Alex Watts : But you can do that as well.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

can you tell me if there is any chance of me taking a sommons out on Mark Newington.because he has permanment employment and my guess is that he earns about £3500 00 per month and as the are a couple i would have thought they

Customer:

were liable for their debts

Alex Watts : Yes. If you did not take one originally you can do it now.
Alex Watts : if they were jointly liable for the debt, so yes you can
Alex Watts : You can do it online at www.moneyclaim.gov.uk
Alex Watts : Does that help?
Customer:

As I am now 82 years old I find all this very confushing

Customer:

is it possible that I can print this conversation we are having here then I could take it to the court and get the correct forms

Alex Watts : Yes. Once you rate the format changes.
Alex Watts : But rate, print this off and go to court.
Alex Watts : They can give you the right forms.
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